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EU Law essay watch

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    Hi, I have been set the following essay and am struggling with how to approach it, could anybody give me a few tips and perhaps key cases?

    The European Commission is concerned about rising levels of obesity among European citizens. On 1 November 2015 it issued a proposal for a new (fictional) Directive to combat the problem through the introduction of a ban on sugary drinks – defined as drinks with a sugar content greater than 5 grams. The proposed Directive has caught the attention of national politicians across the Member States. It has also alarmed international food manufacturers, who are very concerned about the impact of new restrictions on drink sales across the EU.

    The Council and the European Parliament adopted the Commission’s proposal for a ban on sugary drinks on 15 January 2016, albeit in an amended form. Art 2 of the (fictional) Directive 2015/23/EU on the marketing and sale of sweetened refreshments prohibits the sale of all drinks with a sugar content greater than 2 grams.

    International Beverages Ltd, a multinational drinks manufacturer, is furious at the Commission’s decision to lower the permitted sugar content from 5 grams to 2 grams in the adopted Directive. All its products have a sugar content of around 4 grams. It is particularly annoyed given that the Commission had stated publically in a 2012 press release that it intended to fix the maximum sugar content at 5 grams in line with international guidelines issued by the World Health Organization at that time.

    Advise International Beverages Ltd on the possibility of challenging the validity of Directive 2015/23/EU under EU law. Your response should discuss both procedure and substance. It should also refer to supporting case law of the Court of Justice and include comment on the likelihood of success.
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